Zuffa has filed a Motion for Reconsideration from a Court ruling in the UFC Antitrust Lawsuit which sustained an objection and struck portions of the testimony of Joe Silva. The former UFC matchmaker provided testimony in the UFC Antitrust in Richmond, Virginia this past Monday.
The Court took issue with the direct examination of Stacy Grisby, Zuffa’s attorney, asking Joe Silva whether he knew about wage share. The Court sustained Plaintiffs’ objection citing that Silva had not previously testified to wage share and/or paying athletes based on Zuffa event revenues. The Court also struck any testimony that Silva had given related to this.
Zuffa argues in its motion which asks the Court to reconsider its original ruling due to the fact that Plaintiffs had an opportunity to inquire about it during his deposition. Also, Zuffa claims that the Court had wanted to hear from Silva about his knowledge as to whether it had a practice of paying fighters based on event revenues and percentages. Despite Plaintiffs’ claim that Silva was offering a lay opinion based on information that may need expert testimony (i.e. economic wage share), Zuffa argues that Silva’s testimony is based upon his own personal knowledge.
#UFC Antitrust testimony of Joe Silva this past Monday. #Zuffa attempts to ask Silva about Wage Share but over Plaintiffs’ objection. Court agrees with objection and prevents the inclusion of testimony. #Zuffa has filed motion for reconsideration pic.twitter.com/5yJ8S7yQ5X
— Jason Cruz (@dilletaunt) September 28, 2019
#Zuffa has submitted a Declaration from Joe Silva in support of his testimony this past week. This is Zuffa’s Motion for Reconsideration to include this testimony re Wage Share. Plaintiffs objected to use b/c he never previously testified about it. Court agreed to sustain pic.twitter.com/EB1teZRHvh
— Jason Cruz (@dilletaunt) September 28, 2019
Payout Perspective:
It’s hard to think the Court overturns its own decision despite Zuffa’s assertion that the purpose of having Silva testify was premised upon his knowledge of what he new about how the UFC paid fighters. Yet, it will be considered and appealable issue in the case that the Court grants Class Certification. Notably, Zuffa has included the declaration of Silva which was likely included in the case the Court determines that Plaintiffs may have an opportunity to inquire about Silva’s knowledge. The overarching issue here is preventing the strategy of unfair surprise on the part of a party.
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